The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victimized police officer by mistake of facts or by misapprehending the legal doctrine.

Even if there was a physical contact between the Defendant and the victimized police officer

Even if the contact was not caused by intentional contact, and it was caused by such contact to the victimized police officer under the Criminal Code.

shall not be deemed to exist.

Even if the defendant assaulted the victimized police officer

Even if the degree of the assault is very minor, it is difficult to view that the obstruction of the execution of official duties is established, and there is no need for arrest.

Nevertheless, arresting the defendant as an offender in the act of committing an offense is illegal, and since there was a tangible power in the process of resistance against illegal arrest, the illegality is dismissed.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the judgment of the court below as to the assertion of misunderstanding of facts or legal principles and the evidence duly adopted and examined by the court below and this court, in particular, the video CD, and the legal statement of the victimized police officer, which taken the situation at the time of the crime in the judgment of the court below, the defendant continued to take the police officer who tried to safely return to his own, and expressed that the defendant did not enter his house and brought the disturbance, and the defendant went out to the stairs that he did not go to go to the house, and expressed his desire to “math to go to do so” to the victimized police officer who prevented him, and the victimized police officer assaulted the victimized police officer “hing out.”

지금 ” 이라고 대답을 하고 다른 경찰관이 피해 경찰관이 괜찮은 지를 확인하고, 경찰관들은 피고인을 체포할지 여부에 대해서 작은 목소리로 대화를 나누었던 사실, 그러던 중 피고인은 재차 욕설을 하면서 피해 경찰관을 또 다시 폭행하였고 당시 ‘ 퍽’ 소리가 크게 난 사실, 그제야 경찰관들은 피고인에게 공무집행 방해죄로 체포한다는 사실을 고지하면서 피고인을 체포한 사실을...